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Islamic Jurisprudence

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This is a sub-article to Polygyny (see motivations under this article) and Islamic marital jurisprudence

In Islam, polygamy is allowed and practised under certain restricted conditions. Muslim men are allowed to practise polygyny and can have more than one wife at the same time, up to a total of four.

Although some Muslim-majority countries have Islamic law (sharia) which permits polygyny, certain elements within Islam, including Islamic feminism, challenge its acceptability[citation needed]. See this discussion on the extent to which states can and do recognize these forms as valid.

Polygamy for Muslims, in practice and law, differs greatly throughout the Islamic world, where polygamous marriages constitute only 1–3% of all marriages.[1] In some Muslim countries, polygamy is relatively common, while in others, it is rare or non-existent. Tunisia, for example, is a predominantly Muslim country where polygamy is not legal.

Contents

[edit] Historical context

Unrestricted polygamy existed in pre-Islamic Arabia.[2] It was practiced by Hebrew patriarchs in the Old Testament such as Abraham, Jacob, and David (See Polygamy in Judaism).

Polygamy was the standard practice of most Muslim world powers until the 20th century.[citation needed] Most famously, the Ottoman sultans had an extensive harem of wives and concubines which ensured the biological continuation of the dynasty.[citation needed] This helped prevent the dynastic struggles and wars that plagued western European monarchies when no legitimate heir was produced. It did, however, contribute to intense rivalries between the women of the harem, each seeking to promote her own son to the throne. For individual examples see Hurrem, Kösem and Turhan Hadice.

[edit] Qur'an

The single passage in the Qur'an dealing directly with the topic of polygamy is in Surah 4 Verse 3:

And if you fear that you cannot act equitably towards orphans, then marry such women as seem good to you, two and three and four; but if you fear that you will not do justice (between them), then (marry) only one or what your right hands possess; this is more proper, that you may not deviate from the right course.

The Qur'an instructs the guardians of the children of widows, which it refers to as orphans, to marry the widows, where this is lawful, if they fear that they would not otherwise be able to fulfil their obligations to protect the children and look after their wealth and property. Men are allowed to engage in polygamy with two conditions:[3]

  1. Even for as noble an objective as the welfare of the children of widows, a man cannot take more than four wives.
  2. If a man is unable to deal justly with all four wives he should not marry more than the number he can be just with. Justice is a value that has to be maintained at all costs and cannot be sacrificed even for such a noble cause.[citation needed]

Qur'an encourages wives to adjust and adapt to the situation, but in spite of the wife's efforts, if the family does not remain intact then it is not her responsibility. As the Qur'an says:[4]

some argues that it apply only to the case of the orphans mothers or widows.[5]

As with any other conditions on an Islamic marriage contract, a woman may, before marriage, state a stipulation that the husband not marry any other women. A subsequent second marriage by the husband invalidates his first marriage.

[edit] Opposition

Islamic feminists such as Shukria Barakzai oppose multiple marriages. Barakzai is a member of the House of the People or Wolesi Jirga, the lower house of the National Assembly of Afghanistan. In 2004, 12 years after they were wed, her husband took a second wife without telling Barakzai, and she admits to feeling "disturbed and hurt" and "a victim of tradition" because of his decision.[6]

[edit] See also

[edit] References

  1. ^ The New Encyclopedia of Islam(2002), AltaMira Press. ISBN 0-7591-0189-2 . p.477
  2. ^ Khadduri, Majid (Spring, 1978). "Marriage in Islamic Law: The Modernist Viewpoints". The American Journal of Comparative Law 26 (2): 213–218. doi:10.2307/839669. 
  3. ^ Javed Ahmed Ghamidi, Mizan, Chapter:The Social Law of Islam, Al-Mawrid
  4. ^ Amin Ahsan Islahi, Tadabbur-i-Qur'an, 2nd ed., vol. 2, (Lahore: Faran Foundation, 1986), p. 400
  5. ^ http://www.free-minds.org/polygamy1
  6. ^ "Successful Afghan politician still victim of tradition" 8 March 2009 Taipei Times

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